HP0276
LD 370
Session - 128th Maine Legislature
C "A", Filing Number H-47, Sponsored by
LR 365
Item 2
Bill Tracking, Additional Documents Chamber Status

Amend the bill by striking out everything after the enacting clause and before the summary and inserting the following:

Sec. 1. 12 MRSA §6671, sub-§3,  as amended by PL 2007, c. 494, §1, is further amended to read:

3. Shellfish conservation ordinance.  The following provisions govern a shellfish conservation ordinance.
A. Within any area of the municipality, a shellfish conservation ordinance may:

(1) Regulate or prohibit the possession of shellfish;

(2) Fix the amount of shellfish that may be taken;

(3) Provide for protection from shellfish predators;

(4) Authorize the municipal officials to open and close flats under specified conditions; and

(5) Specify areas of the intertidal zone in which the dragging of mussels may be limited to the degree necessary to support a municipal shellfish conservation program . ; and

(6) In accordance with paragraph D, prohibit harvesting any marine organism in a buffer zone around netting placed to provide for protection from shellfish predators pursuant to subparagraph (3).

B. An ordinance must limit the size of soft-shell clams in accordance with article 5.
C. Except as provided in section 6621, subsection 3, paragraph C, a program or ordinance may not allow surveying, sampling or harvesting of shellfish in areas closed by regulation of the commissioner.
D A buffer zone established pursuant to paragraph A, subparagraph (6) may not exceed 5 feet between any 2 nets and may not exceed 20 feet beyond the outermost perimeter of a net or multiple nets when those nets are placed within 5 feet of each other.

SUMMARY

This amendment replaces the bill, which allows municipalities to designate conservation areas where harvesting any marine organism is prohibited. The amendment instead provides that a municipal shellfish ordinance may prohibit harvesting any marine organism in a buffer zone around netting placed for protection from shellfish predators, as long as the buffer zone does not exceed 5 feet between any 2 nets and 20 feet around the outermost perimeter of a net or multiple nets when those nets are placed within 5 feet of each other.


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